Editor's Note :

Editor's Note :

This week we are hosting an online symposium on NIFLA v. Becerra, in which the Supreme Court will consider whether the disclosures required by California’s Reproductive FACT Act violate the free speech clause of the First Amendment. Contributions are available at this link.

TechFreedom v. Federal Communications Commission

Pending petition

Linked with:

Docket No. Op. Below Argument Opinion Vote Author Term
17-503 D.C. Cir. TBD TBD TBD TBD TBD

Issues: (1) Whether the Federal Communications Commission's Order imposing common carrier status upon broadband providers constitutes a major rule of vast “economic and political significance,” requiring Congress to “speak clearly” if it wishes to delegate the matter to an agency's interpretive discretion, when the Order will affect (i) every American Internet service provider, which collectively invest over $78 billion in network investments annually as of 2014; (ii) every Internet content provider, an industry that currently includes the five largest companies in the United States by market capitalization; and (iii) every Internet consumer, currently totaling over 275 million Americans; and, if so, whether Congress expressly authorized the FCC to issue the major rule, when (i) Congress enacted Telecommunications Act of 1996, upon which the FCC relies, with the express purpose of ensuring “the Internet and other interactive computer services,” remain “unfettered by Federal or State regulation,” 47 U.S.C. § 230(b)(2); and (ii) the FCC concedes that “the Communications Act did not clearly resolve the issue of how broadband should be classified”; and (2) whether the FCC's reinterpretation of the term “public switched network” to include IP enabled services is, by virtue of implicating additional services, a minor or major question.

SCOTUSblog Coverage

DateProceedings and Orders
Jul 10 2017Application (17A54) to extend the time to file a petition for a writ of certiorari from July 30, 2017 to September 28, 2017, submitted to The Chief Justice.
Jul 20 2017Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017.
Sep 28 2017Petition for a writ of certiorari filed. (Response due November 2, 2017)
Oct 13 2017Blanket Consent filed by respondent-intervenors, Free Press, Open Technology Institute-New America, and Public Knowledge.(VIDED)
Oct 13 2017Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc. (VIDED)
Oct 14 2017Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED
Oct 18 2017Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc.VIDED
Oct 23 2017Waiver of right of respondent NCTA - The Internet and Television Association to respond filed.
Oct 24 2017Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED
Oct 24 2017Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed.
Oct 25 2017Order extending time to file response to petition to and including December 4, 2017, for all respondents.
Oct 25 2017Waiver of right of respondent CTIA - The Wireless Association to respond filed.
Oct 27 2017Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc.VIDED
Oct 30 2017Blanket Consent filed by respondent, NCTA - The Internet and Television Association. VIDED
Nov 01 2017Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED
Nov 02 2017Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
Nov 02 2017Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
Nov 08 2017Blanket Consent filed by Respondent, CTIA - The Wireless Association.
Nov 22 2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
Nov 27 2017Order further extending time to file response to petition to and including January 3, 2018, for all respondents.
 
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